Defendant appealed a decision of the trial judge sustaining a violation of G.L. 1956 § 31-14-2 (prima facie limits). At the close of the prosecution’s case, Defendant moved to dismiss the charged violation on the grounds that the testifying officer did not establish the operational efficiency of the police cruiser’s speedometer. The judge denied the motion, and then the officer testified to the operational efficiency of the speedometer. Defendant argued that the trial judge erred by denying the motion to dismiss. The Rhode Island Supreme Court has held that “testimony regarding the speed of a vehicle is admissible upon a showing that the operational efficiency of the device used to obtain the vehicle’s speed had been tested by an appropriate method within a reasonable period of time.” State v. Mancino, 340 A.2d 128, 132 (R.I. 1975 (citing State v. Barrows, 156 A.2d 81, 83 (R.I. 1959)). When the Mancino requirements are not established, Rule 16 of the Traffic Tribunal Rules of Procedure allows a defendant to move to dismiss a violation on the grounds that the prosecution failed to proffer sufficient evidence. Here, the operational efficiency of the speedometer was not established until after Defendant’s motion to dismiss. As such, the Appeals Panel held that the trial judge erred by denying Defendant’s motion to dismiss because the officer failed to establish the necessary elements of the charged violation. Accordingly, the Appeals Panel reversed the trial judge’s decision to deny Defendant’s motion to dismiss.
City of East Providence v. Joshua Vasquez, No. M17-0023 (August 7, 2018)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions